Site Owner Given Ultimatum

Highland Beach Wants Spot Clean

Safety Concerns Arise

September 12, 2003|By Rhonda J. Miller Staff Writer

Highland Beach — Town officials have decided that the owner of a vacant construction site must remove a sales trailer and debris and present a safety plan for potentially dangerous steel rods to be approved by Oct. 15.

The owner must remove the trailer and trash within 10 days of notice, which the town is preparing to send. The owner starts racking up a fine of $250 a day if he doesn't meet these requirements from the town Code Enforcement Board.

Harry Zuker, the project manager for Luxury Developers, said trash, overgrown weeds and a tattered flag on the property were removed within two days of the board's Sept. 4 order to clean up the site. While Zuker said he thinks the trailer removal comes under the Oct. 15 deadline, town officials confirmed that it must go within the 10-day deadline.

The board got tough on cleanup of the 13/4-acre site at 3200 S. Ocean Blvd., which is State Road A1A, because residents have been complaining that it's an eyesore since construction started, then stopped on the planned Azure Highland Beach condominium two years ago.

Some neighbors at the Code Enforcement Board meeting were glad the town is taking action.

"If they're in violation, they should take down the pilings," said Jim Newill, who lives in Villa Costa condominium next to the Roiff property. "We have children visiting in our building and it's very easy to get onto that property. The fence is very rickety."

Roiff's company, Luxury Developers, bought the property on June 11, a day before the previous developer's building permit expired. Roiff was denied a new permit on July 29 because he did not have convincing proof of financing, and his condo proposal for 34 units and a 70-foot height exceeded the town zoning limits of 27 units and 50 feet. Town regulations require the site to be clear unless a building permit has been issued.

The steel rods jutting out of concrete piling are a safety concern and could impale someone who falls on them, said town building official Bob Dawson. Some of the rods have tennis ball-like caps, but others are uncapped and in violation of Occupational Safety and Health Administration regulations, he said.

The board's demands came despite a plea from one of the developer's attorney, Alexander Heckler, to hold off on a decision until Roiff can file an appeal about his rejected condo proposal. That appeal would come within a month, the attorney said.

If his proposal for the pilings is not approved at the Oct. 15 meeting, the pilings may have to be removed. They cost several hundred thousand dollars to install and it would be costly to remove and reinstall them, Zuker told the board.

"Mr. Roiff will be filing a lawsuit and in our opinion it does not make sense to remove the trailer and take other actions related to restoring the site, aside from the ones related to safety, while the litigation is pending," said Paul D'Arelli, another attorney for the developer.

"The purpose of the litigation is to enforce his right to build under the existing plans, therefore there are no plans being formulated for an alternative project," D'Arelli said.

Town officials have become impatient with special requests from developers since three attempts to build a luxury condo on the site have failed. The proposals included Via Del Sole by Santa Monica Ltd. in 1999, then Azure Highland Beach by Maxime Development and finally XXXII by the Barchetta Group, which never closed on the deal.

Rhonda J. Miller can be reached at rjmiller@sun-sentinel.com or 561-243-6605.